SYED MOHD. ILIYAS Vs. PRESCRIBED AUTHORITY AND ORS.

JUDGEMENT

(1.) THIS petition arises out of the proceedings under the U.P. Imposition of Ceiling on Land Holdings Act. The controversy can be decided without going into the details of the case. However, it may be stated that the tenure holder was earlier proceeded against in the ceiling proceedings and the prescribed Authority passed his order on 31.10.1974 declaring 54.24 acres of irrigated land as surplus area. A true copy of the said order is Annexure 1 to the petition. Thereafter an order was passed under Section 13A purporting to rectify certain errors which were stated to be apparent on the face of the record. The errors related to the correction of certain figures. A true copy of the said order dated 27.4.1976 is Annexure 2 to the petition. Thereafter, a fresh notice under Section (2) of the Act was issued to the petitioner on 14th February, 1978. Apparently this fresh notice was issued in view of the amendments in the Ceiling Act which had been effected by the U.P. Imposition of Ceiling on Land Holdings (Amendment) Act 1976, (U.P. Act No. 20 of 1976.) The petitioner filed his objections and the Prescribed Authority decided the same by his order dated 16.9.1978, a true copy of which is Annexure 3 to the petition. An area of 16.71 acres of irrigated land was additionally declared as surplus land. Thereafter, an appeal was filed and the same was partly allowed by the appellate Court by its judgment dated 18.11.1980, a true copy of which is Annexure 4 to the petition. A certified copy of the said judgment is also on the record. Feeling aggrieved, the petitioner has come up in the instant petition and in support thereof. I have heard Sri Radha Krishna, learned counsel for the petitioner and in opposition, the learned Standing counsel has made his submissions.

(2.) THE learned counsel for the petitioner contended that the second notice under Section 10(2) of the Act, which had been issued to the petitioner was time barred under Section 31(3) of the aforesaid Amendment Act (U.P. Act No. 20 of 1976). Section 31 of the said Act is described as transitory provision. Sub -section 3 of the said section is as follows: